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James was still living. How then could the Princess of Orange be his heir? The truth was that the laws of England had made full provision for the succession when the power of a sovereign and his natural life terminated together, but had made no provision for the very rare cases in which his power terminated before the close of his natural life; and with one of those very rare cases the Convention had now to deal. That James no longer filled the throne both Houses had pronounced. Neither common law nor statute law designated any person as entitled to fill the throne between his demise and his decease. It followed that the throne was vacant, and that the Houses might invite the Prince of Orange to fill it. That he was not next in order of birth was true: but this was no disadvantage: on the contrary, it was a positive recommendation. Hereditary monarchy was a good political institution, but was by no means more sacred than other good political institutions. Unfortunately, bigoted and servile theologians had turned it into a religious mystery, almost as awful and as incomprehensible as transubstantiation itself. To keep the institution, and yet to get rid of the abject and noxious superstitions with which it had of late years been associated and which had made it a curse instead of a blessing to society, ought to be the first object of English statesmen; and that object would be best attained by slightly deviating for a time from the general rule of descent, and by then returning to it.

Many attempts were made to prevent an open breach between the party of the Prince and the party of the Princess. A great meeting was held at the Earl of Devonshire's House, and the dispute was warm. Halifax was the chief speaker for William, Danby for Mary. Of the mind of Mary Danby knew nothing. She had been some time expected in London, but had been detained in Holland, first by masses of ice which had blocked up the rivers, and, when the thaw came, by strong westerly winds. Had she arrived earlier the dispute would probably have been at once quieted. Halifax on the other side had no authority to say anything in William's name. The Prince, true to his promise that he would leave the settlement of the government to the Convention, had maintained an impenetrable reserve, and had not suffered any word, look, or gesture, indicative either of satisfaction or of displeasure, to escape him. One of his countrymen, who had a large share of his confidence, had been invited to the meeting, and was earnestly pressed by the Peers to give them some information. He long excused himself. At last he so far yielded to their urgency as to say, "I can only guess at His Highness's mind. If you wish to know what I guess, I guess that he would not like to be his wife's gentleman usher: but I know nothing." "I know something now, however," said Danby. "I know enough, and too much." He then departed; and the assembly broke up.652

On the thirty-first of January the debate which had terminated thus in private was publicly renewed in the House of Peers. That day had been fixed for the national thanksgiving. An office had been drawn up for the occasion by several Bishops, among whom were Ken and Sprat. It is perfectly free both from the adulation and from the malignity by which such compositions were in that age too often deformed, and sustains, better perhaps than any occasional service which has been framed during two centuries, a comparison with that great model of chaste, lofty, and pathetic eloquence, the Book of Common Prayer. The Lords went in the morning to Westminster Abbey. The Commons had desired Burnet to preach before them at Saint Margaret's. He was not likely to fall into the same error which had been committed in the same place on the preceding day. His vigorous and animated discourse doubtless called forth the loud hums of his auditors. It was not only printed by command of the House, but was translated into French for the edification of foreign Protestants.653 The day closed with the festivities usual on such occasions. The whole town shone brightly with fireworks and bonfires: the roar of guns and the pealing of bells lasted till the night was far spent; but, before the lights were extinct and the streets silent, an event had taken place which threw a damp on the public joy.

The Peers had repaired from the Abbey to their house, and had resumed the discussion on the state of the nation. The last words of the resolution of the Commons were taken into consideration; and it soon became clear that the majority was not disposed to assent to those words. To near fifty Lords who held that the regal title still belonged to James were now added seven or eight who held that it had already devolved on Mary. The Whigs, finding themselves outnumbered, tried to compromise the dispute. They proposed to omit the words which pronounced the throne vacant, and simply to declare the Prince and Princess King and Queen. It was manifest that such a declaration implied, though it did not expressly affirm, all that the Tories were unwilling to concede. For nobody could pretend that William had succeeded to the regal office by right of birth. To pass a resolution acknowledging him as King was therefore an act of election; and how could there be an election without a vacancy? The proposition of the Whig Lords was rejected by fifty-two votes to forty-seven. The question was then put whether the throne was vacant. The contents were only forty-one: the noncontents fifty-five. Of the minority thirty-six protested.654

During the two following days London was in an unquiet and anxious state. The Tories began to hope that they might be able again to bring forward their favourite plan of Regency with better success. Perhaps the Prince himself, when he found that he had no chance of wearing the crown, might prefer Sancroft's scheme to Danby's. It was better doubtless to be a King than to be a Regent: but it was better to be a Regent than to be a gentleman usher. On the other side the lower and fiercer class of Whigs, the old emissaries of Shaftesbury, the old associates of College, began to stir in the City. Crowds assembled in Palace Yard, and held threatening language. Lord Lovelace, who was suspected of having encouraged these assemblages, informed the Peers that he was charged with a petition requesting them instantly to declare the Prince and Princess of Orange King and Queen. He was asked by whom the petition was signed. "There are no hands to it yet," he answered; "but, when I bring it here next, there shall be hands enough." This menace alarmed and disgusted his own party. The leading Whigs were, in truth, even more anxious than the Tories that the deliberations of the Convention should be perfectly free, and that it should not be in the power of any adherent of James to allege that either House had acted under force. A petition, similar to that which had been entrusted to Lovelace, was brought into the House of Commons, but was contemptuously rejected. Maynard was foremost in protesting against the attempt of the rabble in the streets to overawe the Estates of the Realm. William sent for Lovelace, expostulated with him strongly, and ordered the magistrates to act with vigour against all unlawful assemblies.655 Nothing in the history of our revolution is more deserving of admiration and of imitation than the manner in which the two parties in the Convention, at the very moment at which their disputes ran highest, joined like one man to resist the dictation of the mob of the capital.

But, though the Whigs were fully determined to maintain order and to respect the freedom of debate, they were equally determined to make no concession. On Saturday the second of February the Commons, without a division, resolved to adhere to their resolution as it originally stood. James, as usual, came to the help of his enemies. A letter from him to the Convention had just arrived in London. It had been transmitted to Preston by the apostate Melfort, who was now high in favour at Saint Germains. The name of Melfort was an abomination to every Churchman. That he was still a confidential minister was alone sufficient to prove that his master's folly and perverseness were incurable. No member of either House ventured to propose that a paper which came from such a quarter should be read. The contents, however, were well known to all the town. His Majesty exhorted the Lords and Commons not to despair of his clemency, and graciously assured them that he would pardon those who had betrayed him, some few excepted, whom he did not name. How was it possible to do any thing for a prince who, vanquished, deserted, banished, living on alms, told those who were the arbiters of his fate that, if they would set him on his throne again, he would hang only a few of them?656

The contest between the two branches of the legislature lasted some days longer. On Monday the fourth of February the Peers resolved that they would insist on their amendments but a protest to which thirty-nine names were subscribed was entered on the journals.657 On the following day the Tories determined to try their strength in the Lower House. They mustered there in great force. A motion was made to agree to the amendments of the Lords. Those who were for the plan of Sancroft and those who were for the plan of Danby divided together; but they were beaten by two hundred and eighty-two votes to a hundred and fifty-one. The House then resolved to request a free conference with the Lords.658

At the same time strenuous efforts were making without the walls of Parliament to bring the dispute between the two branches of the legislature to a close. Burnet thought that the importance of the crisis justified him in publishing the great secret which the Princess had confided to him. He knew, he said, from her own lips, that it had long been her full determination, even if she came to the throne in the regular course of descent, to surrender her power, with the sanction of Parliament, into the hands of her husband. Danby received from her an earnest, and almost angry, reprimand. She was, she wrote, the Prince's wife; she had no other wish than to be subject to him; the most cruel injury that could be done to her would be to set her up as his competitor; and she never could regard any person who took such a course as her true friend.659 The Tories had still one hope. Anne might insist on her own rights, and on those of her children. No effort was spared to stimulate her ambition, and to alarm her conscience. Her uncle Clarendon was especially active. A few weeks only had elapsed since the hope of wealth and greatness had impelled him to bely the boastful professions of his whole life, to desert the royal cause, to join with the Wildmans and Fergusons, nay, to propose that the King should be sent a prisoner to a foreign land and immured in a fortress begirt by pestilential marshes. The lure which had produced this strange transformation was the Viceroyalty of Ireland. Soon, however, it appeared that the proselyte had little chance of obtaining the splendid prize on which his heart was set. He found that others were consulted on Irish affairs. His advice was never asked, and, when obtrusively and importunately offered, was coldly received. He repaired many times to Saint James's Palace, but could scarcely obtain a
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